ASCAP Launches Infringement Actions against Establishments Performing Music without Permission

Prnewswire ^ | Monday January 24, 1:27 pm ET

[Brian Mosely]

Press Release Source: ASCAP

ASCAP Launches Infringement Actions against Establishments Performing Copyrighted Music without Permission

Monday January 24, 1:27 pm ET

NEW YORK--(BUSINESS WIRE)--Jan. 24, 2005--Today, the American Society of Composers, Authors and Publishers filed 24 separate copyright infringement actions against nightclubs, bars, and restaurants in 15 states and the District of Columbia. These establishments (listed below) have publicly performed the copyrighted musical works of ASCAP's songwriter, composer and music publisher members without receiving their permission to do so, resulting in lost income.

"Informing business owners of their obligations under Federal Copyright Law is one of ASCAP's key roles," said Vincent Candilora, Senior Vice President of Licensing at ASCAP. "We provide any business using music the opportunity to receive permission through acceptance of a license covering the use of over 8 million copyrighted songs and compositions, and we make every effort to educate business owners concerning their music licensing responsibilities. If our good efforts are ignored, then our only recourse is legal action."

During 2004, ASCAP achieved a 100% success rate with its copyright infringement litigation, with all concluded cases resulting in either a cash settlement or a judgment in favor of ASCAP members. This is significant as ASCAP represents over 200,000 member owners who, for the most part, are songwriters and composers who rely heavily on their ASCAP royalties, as well as ASCAP's enforcement efforts on their behalf. Over 86 cents of every dollar collected is distributed to its members, the music creators.

According to Vince Abbatiello, ASCAP Vice President of Sales and Director of General Licensing, "When business owners ignore their obligations and violate Federal Copyright Law, they are actually stealing from the songwriters and composers who created the music compositions that those businesses are using. Individual songwriters and composers are the ultimate small business people, working on their own with limited opportunity for sustained success. We only take legal action when all other means of resolution have been exhausted. But when we litigate on behalf of our members, our success rate is always very high. Business owners who ignore the Copyright Law in the belief that they can escape penalty should treat this very seriously. Don't steal our members' music."

Establishment, City and State:

Challengers, Pelham, AL

Back Porch, Tuscalossa, AL

Hard Dock Cafe, Decatur, AL

Saddlerack, Chandler, AZ

Josh Slocum's, Newport Beach, CA

Joe's Cafe, Branford, CT

Home Nightclub, Washington, DC

Jade, Miami Beach, FL

Estate (f/k/a Nocturnal), Chicago, IL

Hundred South Grille a/k/a 100 South Chop House, Elmhurst, IL

Le Passage/Yow Bar, Chicago, IL

Costello's, Jamaica Plain, MA

Buffalo Billiards, Gaithersburg, MD

American Sports Cafe, St. Paul, MN

Buffalo Tap & Grille, Savage, MN

Soulard Ale House, St. Louis, MO

Gilligan's, Surf City, NC

J. Lindsay's, Columbus, OH

Denim, Philadelphia, PA

R.P. McMurphy's, Holmes, PA

Wolfy's, Nashville, TN

Happy Town Karaoke, Houston, TX

OUI Club, Wichita Falls, TX

Scuttlebutts Restaurant and Bar, Lubbock, TX

About ASCAP

Established in 1914, ASCAP is the first and leading Performing Rights Organization in the U.S., representing the world's largest music repertory. ASCAP is committed to protecting the rights of its members by licensing and collecting royalties for the public performance of their copyrighted works, and then distributing these fees to the Society's members based on performances. Unlike the other American Performing Rights Organizations, ASCAP's Board of Directors is made up solely of writers and publishers, elected by the membership every two years. Every year ASCAP provides over $3 million dollars in special awards to promising music creators whose works may be performed in venues that may not be actively surveyed. And the ASCAP Foundation, established in 1975 by ASCAP members, has the mission of nurturing new talent and promoting music education. It has assisted countless aspiring music creators in career development and fulfillment.

[blogbat]

"They could do better by going after the public airing of rap music by idiots in their mega-amp boom box cars."


Now THAT would be an idea that could do society some good!

[rwfromkansas]

Well shoot, no Kansas clubs. I don't go clubbing, but I would have made it a point to show up in support and in defiance of the ASCAP Nazi's.

Go suck eggs, ASses.

[rwfromkansas]

You won't get me to fork over money to sing happy birthday, sorry.

[rwfromkansas]

BTW, if you think ASCAP gives a rip about giving the money to the songwriters themselves, you are mistaken.

[openotherend]

this also applies to music performed live by a band doing covers.

No it doesn't. You don't know what you're talking about. Live music has always been free from legalities.

[openotherend]

Are you represented by ASCAP? Do you have a dog in this race?

[MississippiMan]

Why is it "baloney" that a writer would expect to be paid for his work?

And BTW, I suspect HAPPY BIRTHDAY is in the public domain and the reason for the different versions in restaurants has everything to do with personalizing it to promote that establishment and nothing to do with ASCAP.

MM

[t_skoz]

Rock and Roll PING! email Weegee to get on/off this list (or grab it yourself to PING the rest)

[openotherend]

BTW, if you think ASCAP gives a rip about giving the money to the songwriters themselves, you are mistaken.

I get checks every quarter. You are mistaken.

[Nik Naym]

Nope.

[537cant be wrong]

and how does it work if they just turn on a radio?

[Nik Naym]

OOPS posted before finished!

The MUSIC is what is protected. Playing it live doesn't mean you can use it without a license. As far as jukeboxes go, they are covered under a different license than live performance. Jukebox is considered "mechanical performance" and is usually covered by a license purchased form the "Juke Box Licensing Office" which covers the ASCAP, BMI, and SESAC rights.

My question in all this has been "How do they know how much to pay which writer?". I know for a fact that neither ASCAP, BMI, SESAC or the JLO has any way of knowing what songs are played on any given CD or Vinyl jukebox.

Nik

[openotherend]

If you just turn on an AM station no prob. If you play an FM station as entertainment you need to pay the people that wrote the music. Otherwise you should go write your own music.

[SamAdams76]

There's so much music out there I'll never buy because I'll never be exposed to it. Good job ASCAP.

[blogbat]

"There's so much music out there I'll never buy because I'll never be exposed to it. Good job ASCAP."

Exactly. Incidentally, when I do my work, I get paid once. Not every time someone talks about the work that I did. If home builders had ASCAP's little rule, you couldn't just pay for the home once. You would have to pay royalties every time you used it to entertain guests. I know that most artists don't make a lot of money, but maybe we should look at the hokey fiscal structures of most record labels and copyright holding companies. The same are top-heavy to say the least. While song writers can fair a lot better than performing artists, there is still a great deal of inequity out there and what ASCAP, RIAA and the rest of them are doing in my opinion is simply a ruse to take the attention off of this fact within the artist community.

[libertylady227]

Long time lurker, first time poster.

I recently had a run in with ASCAP about a week ago when I went to cancel our license. We own a 1375sq. ft. retail business and would play Christmas CD's for the holiday's. I got tired of paying the $225.00 a year and opted to just play the radio.

The lady from ASCAP was like the Mafia. Using intimidation tactics and threatening legal action if we were caught playing the radio.

Through my research I found the “Fairness in Music Licensing Amendment” on ASCAP's very own website. It states.. All restaurants, bars and grills that are smaller than 3,750 gross square feet, and all other retail establishments that are smaller than 2,000 gross square feet, are exempt from paying license fees to songwriters, composers and music publishers, but only for their use of radio and TV music.

http://www.ascap.com/legislation/legis_qa.html

Just my two cents.

[Sam Cree]

Seems to me that a lot of these songs might just fade away into happy oblivion if no one is allowed to play them...classical stuff is lots better anyway.

[rwfromkansas]

Well, you don't deserve to be paid a cent.

Most people get paid for when they do their job, not when somebody talks about their job.

[rockrr]

I've been playing bars for years. I've only encountered ASCAP once. They wanted to jack me for an arbitrary sum (on the spot). I asked them for a detail sheet. They said "Dat ain't how it's done"

It was the last night of a 3-week gig, so I told him to, well I declined.

They usually hit up the establishments because, unlike the fly~by~night bands, they usually stick around.

[jbstrick]

What about 'cover bands'? Do they have to pay homage to the ASCAP buddah?

If they don't why the inconsistent applicaion of the law?